Lead paint in older rentals: what you have a right to know before you sign
Last updated June 22, 2026
A lot of rental housing in the U.S. was built before 1978. If you're looking at one of those units — which in many cities is most of what's available — federal law gives you specific rights around lead paint. And because you're using a Housing Choice Voucher, you get extra protection that most renters don't have.
What the landlord must tell you
For any home built before 1978, the landlord is required by federal law to:
- Tell you in writing about any lead paint or lead paint hazards they know about in the unit
- Give you an EPA pamphlet called "Protect Your Family from Lead in Your Home"
- Give you 10 days to have the unit tested for lead before your lease is final — you pay for the test, but you have the right to do it
- Include a lead warning statement in your lease, signed by both of you
The landlord only has to tell you what they know. If they don't know whether there's lead paint, they can say that — and that's fine. What they can't do is say nothing at all.
If a landlord refuses to give you the disclosure form or the EPA pamphlet, that's a red flag. You can report violations to the EPA or HUD.
What Section 8 inspections add
Your voucher comes with a Housing Quality Standards (HQS) inspection before you can move in. This inspection checks the physical condition of the unit — and it specifically looks for chipping, peeling, or flaking paint.
In a pre-1978 unit, peeling paint is treated as a possible lead hazard. If the inspector finds it, the landlord has to fix it before you can move in and before HAP payments start. You don't have to push for this — the inspector will flag it automatically.
This protection is important: a regular market-rate renter doesn't have an automatic inspection. You do.
Extra rules if you have young children
If a child under 6 will be living in the unit, HUD requires a more detailed visual check for lead hazards as part of the inspection. The rules for what has to be fixed are stricter. This is because young children are most at risk from lead exposure — they're more likely to put things in their mouths, and their developing bodies are more affected by lead.
What you should do before you sign
1. Read the disclosure form carefully. If the landlord knows there's lead paint and discloses it, that's useful — at least you know what you're dealing with. Ask what was done about it.
2. If you have a child under 6, consider using your 10-day window. You can hire a certified lead inspector to test the unit. It costs money, but it gives you real information. The EPA has a list of certified inspectors at epa.gov — search by state.
3. Check the condition of painted surfaces yourself. Look at window sills, door frames, baseboards, and walls for chipping or peeling paint. These are the most common failure points.
What to do after you move in
Report any chipping or peeling paint to your landlord in writing as soon as you see it. A text or email works — you want a record.
Under HQS rules, the landlord has to address it. If they don't respond, contact your PHA. A lead paint issue in an occupied unit with children is taken seriously, and the PHA can put HAP payments on hold for a landlord who won't make repairs.
If you're worried your child has been exposed to lead, contact your child's doctor and ask about a blood lead test. These tests are covered by Medicaid for children under 6 and are widely available.
What "fixing" lead paint actually means
Landlords don't always have to remove lead paint — they have options:
- Cover it: painting over intact (non-chipping) lead paint with a new coat, or covering surfaces with new materials. Cheaper and common, but it needs to be maintained.
- Remove it: scraping, heating, or chemically stripping the paint, or removing the surface entirely. More expensive but more permanent. Has to be done by a certified contractor using EPA-approved methods.
For your purposes as a voucher holder: chipping or peeling paint in a pre-1978 unit will fail your HQS inspection. The landlord has to fix it — you don't need to know or choose the method. The inspection is your enforcement tool.
The inspection and the disclosure requirement together give you more information and more protection than most renters ever get. Use them: read what's disclosed, look at the paint conditions yourself, and report any problems in writing right away.